Workers’ leave rights in Turkey are important rights granted to workers to rest, spend time on their private lives and maintain a healthy working life. The leave rights provided to workers are regulated within the framework of the Labor Law No. 4857 and related legislation. Workers’ leave rights vary according to their working hours, employment relationship and special circumstances.
Annual Paid Leave
- Annual paid leave is a right that allows workers to have the right to rest for certain periods according to their working hours. This regulation, which aims to protect the mental and physical health of workers, is detailed in the Labor Law No. 4857 and the annual paid leave regulation.
- The worker must have worked at the same workplace for at least 1 year. This period includes the trial period.
- Instances where the worker does not come to work for various reasons (such as illness, excused leave) are taken into account in the annual leave calculation.
- Workers working under fixed-term or indefinite-term employment contracts can benefit from the annual paid leave right.
- However, workers who work in temporary jobs at the workplace or in jobs of less than one year cannot benefit from the annual leave right.
Periods:
- 1-5 years (inclusive): At least 14 days,
- 5-15 years (inclusive): At least 20 days,
- Over 15 years: At least 26 days,
- Workers under the age of 18 and over the age of 50: At least 20 days, are entitled to annual paid leave.
Annual Leave Usage
Annual leave entitlement is calculated based on the employee’s working hours and does not differ depending on whether the employee works part-time or full-time.
- The employee must submit their annual leave request to the employer in writing.
- The leave usage dates are determined by taking into account the employer’s approval and workplace conditions.
- Annual paid leave cannot be divided without the employer’s approval. However, if the parties agree, it can be divided and used on condition that at least 10 days are used in full.
- The employer is obliged to arrange the leave dates in line with the employee’s request.
- The employee’s leave can be timed to the summer months in accordance with the employee’s right to rest.
- If the employee will spend their annual leave somewhere other than the workplace, the employer may grant the employee a travel permit. This period is added to the annual leave period and is unpaid.
- The right to annual leave is not applied to temporary jobs such as seasonal or campaign work.
Weekly Holiday Leave
Employees who work a maximum of 45 hours in a week are granted the right to a 24-hour uninterrupted rest day on one day of the week.
- The employee’s wage is paid in full on the weekly holiday.
- Overtime pay is also paid to employees who work on the weekly holiday.
Official and Religious Holidays
Employees have the right not to work on national and religious holidays.
- The employee who is not employed on these days is paid in full.
- If the employee works on these days, he/she must receive additional payment in addition to his/her wage for these days he/she works.
Sample Days:
January 1 (New Year’s Day), April 23, May 1, May 19, July 15, August 30 and religious holidays.
Excuse Leaves
These are paid leaves granted to workers in the cases specified in the Labor Law and relevant regulations, which are among the leave rights of workers. In order to use excuse leaves, an excuse must arise.
Marriage Leave: 3 days of paid leave for a worker who gets married,
Death of a Relative: 3 days of paid leave in case of death of a mother, father, sibling, spouse or child,
Paternity Leave: 5 days of paid leave for a male worker whose wife gives birth,
Adoption Leave: 3 days of paid leave for a worker who adopts.
Maternity Leave: Female workers;
- A total of 16 weeks of paid leave is entitled, 8 weeks before birth and 8 weeks after birth.
- In case of multiple pregnancies, 2 weeks must be added to this period.
Extra Situations: Female workers can work until 3 weeks before birth with a doctor’s report. Unused time is added to the postpartum leave.
Unpaid Leaves
The worker’s use of leave without working upon his/her own request or in accordance with a legal obligation.
Example Cases:
- Unpaid leave for female workers up to 6 months after birth.
- Leaves requested for different reasons are subject to the employer’s approval.
Sickness and Health Leaves
Leave with Report:
- The period during which the worker does not work due to health problems documented by a doctor’s report is considered as leave.
- The wage during this period is covered by the Social Security Institution (SGK).
Work Accident and Occupational Disease:
- In these cases, the worker is given leave for the necessary treatment periods.
Breastfeeding Leave
This is the right of leave given to female workers to breastfeed their children in the postpartum period.
1.5 hours of breastfeeding leave should be given daily.
- The worker decides the hours during which breastfeeding leave will be used. This period is counted as daily working hours.
Education Leave
- This is the right of leave granted to workers to attend vocational training or school exams.
- This leave entitlement is usually included in collective bargaining agreements or individual agreements with the employer.
Leave Granted to Disabled and Chronically Workers
- It may be necessary to provide appropriate conditions or to grant extra leave due to the disability.
- Legal or administrative leave rights may be granted to workers in cases requiring long-term treatment, such as cancer.
Employer Obligations Regarding Leave
- The leave rights of workers cannot be prevented or restricted by the employer.
- Records must be kept to document the use of leave.
- The wages for the days the employee does not use annual leave are paid to the employee when the employment contract ends.
